McKinson v Hackney Community College & Ors - Claimant cannot be ordered to "self-select" and limit allegations  EAT
As part of Case Management, an employment tribunal may legitimately require a claimant to produce a schedule of their claims so that they are clearly identified. However, it has no power to go further and require a Claimant to select a limited number of allegations (and rule that these are the only ones that will be considered at the hearing) when it is clear that the claim encompasses many more allegations than that limited number.
Mr McKinson was a lecturer, whose role gradually diminished until Hackney Community College (HCC) finally dismissed him. He presented claims to the employment tribunal alleging unfair dismissal, race discrimination and victimisation, setting out a range of issues in considerable detail. In due course a Case Management Discussion (CMD) was held, and an Employment Judge (EJ) made numerous orders, a key one being that:
"I direct that the Claimant shall by 6 May 2011, file and serve a schedule of no more than six incidents of direct discrimination; and no more than three incidents of victimisation, and unless permission for amendment is sought and obtained, no other allegations than these and the allegations relating to dismissal will be entertained at the Final hearing."